Document Content

JOINT CIRCULAR

On management of online games

Pursuant to the Government's Decree No. 55/2001/ND-CP of August 23, 2001, on the management, provision and use of Internet services;

Pursuant to the Government's Decree No. 90/2002/ND-CP of November 11, 2002, defining the functions, tasks, powers and organizational structure of the Ministry of Post and Telematics;

Pursuant to the Government's Decree No. 63/2003/ND-CP of June 11, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Culture and Information;

Pursuant to the Government's Decree No. 136/2003/ND-CP of November 14, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Public Security;

The Ministry of Culture and Information, the Ministry of Post and Telematics and the Ministry of Public Security hereby jointly guide the management of online games as follows:

Chapter I

GENERAL PROVISIONS

Article 1.- Governing scope and application subjects

This Circular governs the production, provision and use of online game services in Vietnam.

Subject to the application of this Circular are enterprises and individuals producing online games, enterprises providing online game services, Internet access service providers (ISP), Internet agents and users of online game services.

Article 2.- Interpretation of terms

1. Online games mean games played on the Internet with the interaction between players and servers of enterprises providing online game services, and among players.

Online games defined in this Circular are massively multiplayer online games (MMOG), including massively multiplayer online role-playing games (MMOPRG) and casual games.

2. Enterprises providing online game services are enterprises that install equipment systems and directly provide online game services.

Article 3.- Prohibited acts

1. Importing, producing and providing online games with the following contents:

a/ Inciting the people to oppose against the State of the Socialist Republic of Vietnam, undermining the national solidarity bloc;

b/ Provoking violence, spreading propaganda about wars of aggression, sowing hatred among nations and peoples, arousing obscenity, debauchery and crime;

c/ Disclosing state secrets, defense, security, economic and foreign relations secrets and other secrets provided for by law;

d/ Supplying untrue information, distorting, slandering and infringing upon the prestige of organizations as well as honor and dignity of citizens.

2. Providing online game services or acting as online game service-providing agents in Vietnam without permission of competent state management agencies.

3. Advertising and introducing online games which have not yet been permitted for circulation in Vietnam.

Article 4.- Production and processing of online games

Game-producing enterprises and individuals shall satisfy conditions and abide by the provisions of law on software production. The State encourages and supports domestic enterprises and individuals to research and produce online games. Priority shall be given to the distribution of online games which are produced at home and have contents appropriate to national history and cultural traditions.

Chapter II

PROVISION OF ONLINE GAME SERVICES

Article 5.- Conditions for provision of online game services

Enterprises shall be allowed to provide online game services if they meet the following conditions:

1. Being Vietnamese enterprises of any economic sector and having registered for provision of online game or video game services (at places other than their head-offices) according to the provisions of law. For foreign enterprises and foreign-invested enterprises, conditions for provision of online game service in Vietnam shall comply with the provisions of the Investment Law and treaties related to cultural and Internet services which Vietnam has signed or acceded to.

2. Having obtained the Culture and Information Ministry's written approval of the content and scenario of each game;

3. Having obtained written certification by the Post and Telematics Ministry with the agreement of the Public Security Ministry of satisfaction of technical and professional conditions prescribed for enterprises providing online game services in order to ensure information safety and security, service quality and legitimate interests of service users.

Article 6.- Dossiers and procedures for approval of contents and scenarios of online games

1. Dossiers of application for approval of game contents and scenarios

An application dossier addressed to the Culture and Information Ministry comprises:

a/ An application of the enterprise;

b/ Lawful copy of the enterprise's business registration certificate, covering the provision of online game or video game services (at places other than its head-office).

c/ Information on the game, including:

- The name of the online game;

- The origin of the game (imported or produced at home);

- The game owner's certificate of game software copyright and documents permitting the enterprise to distribute such game in Vietnam;

- The type of the game (MMOPRG or casual game);

- Summary of main contents and scenario of the game;

- Languages used in the game;

- Other necessary information.

2. Procedures for assessing contents and scenarios of online games

The Culture and Information Ministry shall receive dossiers, assess and approve contents and scenarios of online games.

Within 15 working days after receiving valid dossiers, the Culture and Information Ministry shall issue a written reply, notifying its approval or disapproval of the contents and scenarios of the games and the reason therefor.

Article 7.- Technical and professional conditions and procedures for evaluation thereof

1. Technical and professional conditions

a/ Having a Vietnam-based system of servers providing online game services. Enterprises may place servers at their head-offices or hire servers (or places of servers) on the network of an Internet service providing enterprise. In cases where enterprises place servers at their head-offices, they shall not be allowed to establish by themselves links from their server systems to Internet access service providers (ISP), Internet exchange service providers (IXP) and service users, but shall hire telecommunications transmission lines of licensed telecommunications enterprises.

b/ Having plans to ensure service quality and contingency plans so as to ensure safety upon occurrence of incidents.

c/ Having ground areas, equipment, facilities and technical and professional plans to ensure network safety and information security according to regulations of the Public Security Ministry.

d/ Having their servers installed with playing time-managing software, which allows each account holder to enjoy 100% of bonus points for the first 180 minutes of the playing time, 50% of bonus points for the time from the 181st minute to the 300th minute, and no bonus point in any form for the time from the 301st minute onward.

e/ Having technical and professional measures to manage information on service users.

2. Procedures for evaluation of technical and professional conditions

After completing the installation of equipment systems and the formulation of technical and professional plans, enterprises shall send reports thereon to the Post and Telematics Ministry. Within 15 working days after receiving the reports, the Post and Telematics Ministry shall assume the prime responsibility for, and coordinate with the Public Security Ministry in, conducting field inspection at enterprises. If enterprises meet all the conditions for service provision stated in Clause 1 of this Article, the Post and Telematics Ministry shall issue written certifications of satisfaction of technical and professional conditions. In case of refusal, the Post and Telematics Ministry shall issue a written reply, clearly stating the reasons therefor so that enterprises can resolve existing problems.

Article 8.- Conditions for provision of new games

1. Having obtained the Culture and Information Ministry's written approval of the contents and scenarios of the new games.

2. At least 15 working days before the day planned for provision of new games, enterprises shall report to the Post and Telematics Ministry on the current situation of online game provision (games currently provided, network and equipment systems and customer service quality, information safety and security) and technical and professional plans for the provision of new online games.

For any change resulting from the provision of new games in technical and professional plans already reported by enterprises to competent state management agencies, the Post and Telematics Ministry shall consider and issue written replies within 15 working days after receiving enterprises' reports thereon. Past this time limit, if the Post and Telematics Ministry issues no written reply, enterprises shall be entitled to provide games already reported.

Chapter III

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS PROVIDING AND USING ONLINE GAME SERVICES

Article 9.- Responsibilities of enterprises providing online game services

1. To abide by regulations of competent state management agencies;

2. To formulate regulations on management of online games aiming to:

a/ Request service users to supply enterprises with personal information such as names, addresses, ID numbers or other details necessary for identifying service users;

b/ Warn service users about undesirable impacts such as physical and mental complications caused by excessive playing, the rights to disposal of property accruing in games;

These regulations shall be concurrently sent to the Culture and Information Ministry, the Post and Telematics Ministry and the Public Security Ministry.

3. Enterprises shall have to store information on service users and supply such information to competent state management agencies when so requested.

4. Enterprises providing online game services shall register for establishment of websites and manage information posted on websites as well as information exchanged by service users in game forums in strict accordance with current provisions of law.

A game home page shall fully contain the following information:

- Rules of the game;

- Regulations on management of online games and regulations on assurance of the fairness of games.

5. To apply appropriate measures to ensure legitimate interests of service users and settle disputes between service users; and to take responsibility before service users for service quality, information safety and security, and charges.

Enterprises providing online game services must neither create valuable assets in games for profit-seeking purposes nor alter information on players' assets or value.

6. To send reports to the Culture and Information Ministry, the Post and Telematics Ministry and the Public Security Ministry biannually or in unexpected cases, when so requested.

7. To be submit to the inspection and examination by competent state management agencies according to current provisions of law.

8. If wishing to terminate the provision of online game services, enterprises providing online game services shall report such in writing to the Culture and Information Ministry, the Post and Telematics Ministry and the Public Security Ministry, make announcements on game home pages at least 3 months before the intended time of termination of service provision, and have to ensure interests of service users.

Article 10.- Responsibilities of Internet access service providers (ISP)

To have plans to ensure the quality of Internet access services in strict accordance with current standards when they lease channels to enterprises providing online game services or provide Internet connection services or when network congestion occurs.

Article 11.- Responsibilities of Internet agents

1. To strictly abide by regulations on service users provided for in Joint Circular No. 02/2005/TTLT-BCVT-VHTT-CA-KHDT of July 14, 2005, of the Post and Telematics Ministry, the Culture and Information Ministry, the Public Security Ministry, and the Planning and Investment Ministry, on management of Internet agents.

2. To provide online game services only at their places of business from 6:00 hours to 23:00 hours every day.

3. To provide online game services at places which are at least 200 m far from entrance gates of schools (from pre-schools to secondary education schools) in any locality.

Article 12.- Responsibilities of service users

1. To strictly abide by relevant provisions of this Circular.

2. Not to post on game forums information in violation of the provisions of Clause 1, Article 3 of this Circular.

3. To supply adequate and accurate personal information such as names, addresses, ID number as well as other details necessary for their identification at the request of enterprises providing online game services.

Chapter IV

INSPECTION, EXAMINATION, AND HANDLING OF VIOLATIONS

Article 13.- Inspection and examination

Inspection agencies specialized in culture and information as well as post and telematics shall, within the scope of their state management, inspect and examine activities of producing, providing and using online game services by subjects defined in Article 1 of this Circular.

Article 14.- Handling of violations

Enterprises and individuals producing and/or providing online games, Internet agents and users of online game services that violate regulations on the management of online games shall, depending on the nature and seriousness of their violations, be administratively sanctioned or examined for penal liability according to the provisions of law.

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 15.- Responsibilities of ministries and branches

1. The Culture and Information Ministry:

a/ To direct and guide enterprises providing online game services to observe state regulations on management and provision of information applicable to online games.

b/ To coordinate with concerned state agencies in guiding the mass media in disseminating information on online games and the state management of this service.

c/ To inspect, examine and handle violations of regulations on the management of online games falling within its state management competence.

2. The Post and Telematics Ministry:

a/ To direct Internet service-providing enterprises to work out plans so as to ensure the quality of transmission lines and Internet access services up to the set standards.

b/ To direct provincial/municipal Post and Telematics Services to assume the prime responsibility for, and coordinate with concerned units in, enhancing inspection of Internet agents' activities.

c/ To inspect, examine and handle violations of regulations on management of online games falling within its state management competence.

3. The Public Security Ministry:

a/ To direct and realize the prevention and combat of offenses related to online game activities.

b/ To direct professional units, provincial/municipal polices to coordinate with post and telematics inspectorate and culture and information inspectorate in examining, inspecting and handling violations in the provision of online game services in their respective localities according to current provisions of law.

4. Provincial/municipal People's Committees:

a/ To direct authorities of various levels to manage, inspect and examine activities of enterprises and individuals that produce and/or provide online game services and Internet agents providing online game services.

To work out specific plans on exchange of information and experience on matters related to the management and handling of violations in online game activities; to disseminate, educate and guide people to strictly abide by the provisions of law and effect the coordination between families and schools in managing, educating and guiding youths, youngsters and pupils who play online games.

b/ To direct provincial/municipal Post and Telematics Services, Culture and Information Services and Police Departments in organizing periodical and unexpected inspections at enterprises and individuals that produce and/or provide online game services and Internet agents providing online game services in the localities and in handling violations according to their tasks and powers prescribed by law.

c/ To coordinate with ministries and ministerial-level agencies in managing activities of enterprises and Internet agents providing online game services in their localities.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 16.- This Circular takes effect 15 days after its publication in "CONG BAO."

The Culture and Information Ministry, the Post and Telematics Ministry and the Public Security Ministry shall, within the scope of their tasks and powers, guide agencies, organizations and units to implement the provisions of this Circular.

Agencies, organizations and individuals are requested to report any problems arising in the course of implementation to the Ministry of Culture and Information, the Ministry of Post and Telematics and the Ministry of Public Security for guidance and settlement.